Brown v. Nucor Corp., No. 13-1779 (4th Cir. 2015)
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In this putative class action, plaintiffs are a class of black steel workers who allege endemic racial discrimination at a South Carolina plant owned by Nucor. At issue was whether the workers have presented a common question of employment discrimination through evidence of racism in the workplace. In light of the Supreme Court's opinion in Wal-Mart Stores, Inc. v. Dukes, the district court on remand refused to certify the class. The court held that the district court has for a second time erred in refusing to certify the workers’ class, where (1) statistics indicate that promotions at Nucor depended in part on whether an
individual was black or white; (2) substantial anecdotal evidence suggests discrimination in specific promotions decisions in multiple plant departments; and (3) there is also significant evidence that those promotions decisions were made in the context of a racially hostile work environment. The court concluded that the district court fundamentally misapprehended the reach of Wal-mart and its application to the workers' promotions class. Accordingly, the court vacated in part and remanded for recertification of the class.
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